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July 23, 2014





STATE OF GEORGIA COUNTY OF STEPHENS NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Stacy M. Dean and Paul C. Whitworth to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. in the original principal amount of $110,318.00 dated 09/30/2008, and recorded in Deed Book 873, page 486, Stephens County records, said Security Deed being last transferred and assigned to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP in Deed Book 980, page 370, Stephens County records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2014 by Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP, as Attorney-in-Fact for Stacy M. Dean and Paul C. Whitworth the following described property: All that tract or parcel of land together with the permanent improvements located thereon and connected therewith, the same situate, lying and being in the 1473rd GMD, Stephens County, Georgia lying adjacent to Hix Road, now known as Hicks Trail, and designated as Lot "B" containing 1.00 acre and Lot "C" containing 1.00 acre as the same appears on plat prepared for Pamela H Garry by Randall G. Miller Land Surveyor dated April 3, 2001, recorded in Plat Book 17, page 724 A, Stephens County Deed Records, which plat is by this reference incorporated herein in aid of this description. TOGETHER WITH that certain housing unit known as a 2006 Horton HSP which was formerly personalty but is now annexed and affixed to the above described land as a permanent improvement and which is the subject of manufacturers state of origin number H184428GLR and all rights thereunto appertaining. The manufactured home on the date of execution of the Mortgage/Deed to Secure Debt has been permanently affixed to the real estate and is intended by the mortgagors/owners to be a fixture and a part of the real estate. The mortgagors shall apply for homestead exemption and have the property taxed as real property at the earliest possible date. Any failure to make such application shall constitute a default hereunder by the mortgagors. This is the same real property conveyed to Paul C. Whitworth and Stacy M. Dean by Warranty Deed of Jason C. Barrett and Tammy Barrett dated August 13, 2008, recorded in Deed Book 869, page 232-233. Property known as: 208 Hicks Trail, Toccoa, GA 30577 The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney's fees, (notice having been given as provided by law). The property will be sold as the property of Stacy M. Dean and Paul C. Whitworth subject to the following: (1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is: Bank of America, N.A. Home Loan Assistance Dept. 7105 Corporate Drive Plano, TX 75024 PH: 800-669-6650 Please note that, pursuant to O.C.G.A Section 44-14-162.2, you are not automatically entitled by law to an amendment or modification of the terms of your loan.To the best of the undersigned's knowledge and belief, the party in possession is Stacy M. Dean and Paul C. Whitworth.Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP, as Attorney-in-fact for Stacy M. Dean and Paul C. Whitworth. This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose. Pendergast & Associates, P.C. 115 Perimeter Center Place South Terraces, Suite 1000 Atlanta, GA 30346 Phone - 770-392-0398 Toll Free - 866-999-7088 Our File No. 14-02256-1 gpn11 TR94666
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